In a case where a party is dissatisfied with a decision to dismiss or reject an application for prior disposition under Article 62(1) of the Family Litigation Act, whether the court which received the petition of appeal shall consider it as a special appeal and send the records of trial to the Supreme Court (affirmative)

Article 62(1) and (4) of the Family Litigation Act

Supreme Court Order 2006Mo2 Decided December 24, 2008

Special Appellants

Other Party

Principal 1 et al.

Busan Family Court Order 2014 businessz280 dated July 25, 2014

The special appeal is dismissed.

According to the records, the court of original judgment rendered a ruling to dismiss the application for the pre-delivery of the infant of this case by the special appellant, and the special appellant submitted the written appeal to the court of original judgment within one week from the date of receiving the above written appeal, and the court of original judgment sent the records of this case to the Busan High Court, and the Busan High Court rendered a ruling to dismiss the appeal by deeming this as an immediate appeal.

However, an immediate appeal may be filed against a judgment on prior disposition under Article 62(1) of the Family Litigation Act (Article 62(4) of the Family Litigation Act). However, it is not allowed to file an objection against a ruling dismissing or rejecting an application for prior disposition (see, e.g., Supreme Court Order 2006Mo2, Dec. 24, 2008). Therefore, in a case where there is an objection against a ruling dismissing or rejecting an application for prior disposition, the court, which received the written appeal, should consider it as a special appeal and send litigation records to the Supreme Court, even if the party does not explicitly indicate that it is a special appeal and the appellate court is not the Supreme Court.

Nevertheless, the court of original judgment sending records to Busan High Court and the Busan High Court made the above decision is unlawful as it is so far as the court without authority. Therefore, it shall be deemed that this case is a special appeal against the decision of the court of original judgment (see Supreme Court Order 9Ma2081 delivered on July 26, 199, etc.).

The argument of special appeal is that the order of the court below that dismissed the application for the pre-delivery disposition of infant of this case. This is merely a mere fact that there is a ground or mistake of fact in the order of the court below, which is a special ground for appeal, and it does not constitute an unreasonable case to determine whether there was a violation of the Constitution or an order, rule, disposition which is a premise of the judgment, which affects the judgment, or an order, rule, or disposition which is

Therefore, the special appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Shin Young-chul (Presiding Justice)